Benin
1. Constitutional structure and position of IHL in domestic law
The Republic of Benin is a presidential regime with a unicameral Parliament (National Assembly) and a decentralized administration. The President (Art. 42) and the members of the National Assembly (Art. 80) are elected by direct universal suffrage. The President is the Head of State and Head of Government (Art. 54) and he may be held accountable before Parliament (Art. 71, 73, 74, 75, 76, 77 and 78). However, Parliament cannot dismiss the President and the President cannot dissolve Parliament.
Under Art. 144, it is the President who negotiates and ratifies treaties and international agreements. However, Art. 145 specifies that peace treaties, treaties and agreements relating to "the international organization", those bearing on finances of the State, those modifying national legislation, and those requiring the cession, exchange or acquisition of territory, may only be enacted by a law. Art. 147 provides that, subject to reciprocal application, duly ratified treaties and agreements have precedence over national legislation from the time of their publication (unless they require prior reform of a constitutional provision, Art. 146). In public international law, however, only bilateral treaties may be conditioned on reciprocal application, i.e. international humanitarian law treaties may not. It is therefore assumed that under the Benin Constitution such treaties are not submitted to reciprocity.
The Constitution attaches great importance to the rights and duties of the individual. Art. 7 makes the (annexed) African Charter of Human and Peoples' Rights an integral part of the Constitution. In addition, Articles 8 to 40 list specific rights and duties of the individual. There is no possibility for the State to derogate from those rights, even in time of emergency (Art. 68).
Benin ratified the four 1949 Geneva Conventions on 14 December 1961, but they took effect retroactively as from 1 August 1960, the date on which Benin's independence was proclaimed. Benin ratified the 1977 Additional Protocols on 28 May 1986.
2. Implementing institution
The Commission nationale pour la mise en oeuvre du droit international humanitaire was created by Decree No. 98-155 of 27 April 1998. Its mandate is to ensure the effective implementation of international humanitarian law and respect for it, to encourage the promotion and defence of its rules and provisions, to coordinate activities relating to international humanitarian law in Benin, to participate in its dissemination, teaching and popularization, and to perform other duties as instructed by the government, including giving opinions on any questions referred to it.
The Commission is composed of: the Minister of Justice, Legislation and Human Rights or his representative (President of the Commission); the Minister of Foreign Affairs and Cooperation or his representative (Vice-President of the Commission); a representative of the National Red Cross Society (second Vice-President) and the Minister of the Interior, Security and Territorial Administration or his representative (Secretary). It also includes two representatives of the following ministries: Ministry of Justice, Legislation and Human rights; Ministry of Foreign Affairs and Cooperation; Ministry of National Defence; Ministry of the Interior, Security and Territorial Administration; Ministry of Health, Social Welfare and Women's Affairs; Ministry of Finance and Ministry of National Education and Scientific Research. Finally, it also includes two representatives of the bar association, the regional representative of the ICRC and two representatives of the National Red Cross Society.
Full text of the Constitution: 
See in particular:
Art. 7 (African Charter)
Art. 8 (Human person)
Art. 15 (Right to life, freedom, security and integrity)
Art. 16 (Judicial guarantees)
Art. 17 (Judicial guarantee)
Art. 18 (Torture and detention)
Art. 19 (Torture, criminal responsibility, superior order)
Art. 26 (Equality before the law)
Art. 40 (Dissemination)
Art. 68 (State of emergency)
Art. 69 (State of emergency - limitation to measures)
Art. 101 (Declaration of war, states of siege and emergency)
Art. 144 (Negotiation of treaties - President of Benin)
Art. 145 (Negotiation of treaties - other authorities concerned)
Art. 146 (Negotiation of treaties - constitutional norms)
Art. 147 (Effect of treaties and international agreements in domestic law)
